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Nap Time!!!

Tuesday, August 15, 2006
*sniffle* My first legal threat

Whee! Daniel Gohstand has given me my first legal threat over this piece. Apparently, he thinks it incites people to violence or hurts his efforts to stop it or something, I dunno. He gave me his address, as if I should go meet him, but I think I'll pass.

posted by Beetle Aurora Drake 8/15/2006 11:31:00 AM #
Comments (10)
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Comments:
Damn, that's a year old. You should post the legal threat. Congrats though.

CalStuff got a legal threat from the university after our site redesign, and we had to put up the "we are not a uc berkeley project" disclaimer. Not trying to one-up you, just sayin...
 
If I recall correctly, they said that any and all pictures of the Campanile anywhere in the universe could not be used without their permission.
 
You also can't spell "Cal" in cursive.

Truly, CalStuff is ripping off the great University of California.
 
Beetle,

This event merits significant congratulations. I was once threatened with a Judicial Affairs suit, but that pales in comparison to this achievement.
 
Your first threat of any kind. Congratulations. Welcome to the club. My threats were mostly physical in nature. As far as I’m concerned you have not violated any libel laws pertaining to a private citizen. Nothing could happen in court. His attorneys would tell him that right off-the-bat. However, if he sues you - you could counter sue and take what is left of his $250,000 for false allegations of breaking libel laws. It’s a win-win situation for you.
 
Actually, he was talking about bringing "the gay community" to bear. Which pretty much would be a SLAPP, even if not in the legal sense.
 
That doesn’t sound like a legal threat to me.

In the news article he chose to take the money which then dropped the charges against the two guys that beat him up - that would have put these dudes in jail or on serious probation. He should have denied the money and went after them from the criminal standpoint and put them in jail. That guy is a fraud, at least; sounds if he implied “The Gay Community” as some veiled physical threat and is no different then the two that beat him.

Because he took the money and thus chose not to prosecute the two guys - half of the Gay Community already joined your side. Why? First, They would rather see them in jail. Second, you advocated for strong-gay men ( nothing wrong there), why only calling him a wimp. The only looser were the city coffers that paid out tax payer money to a problem that the tax paying community was never involved in the first place.

You have free speech that protects you. You said nothing illegal. I had serious physical threats and encounters. I know it is scary. What you need to do is keep *all* evidence and write everything down. Your blog is a start and telling others is a good start too. This guy sounds like a real wacko.
 
Meh, I don't consider him a serious threat. He did threaten a lawsuit via the gay community, but I imagine he's talking out of his ass. (he's not gay, after all) I was just pointing it out because it's funny. People think "Oh, I'm going to sue you" is a threat, when it's really a shortcut to herodom in blogland.
 
Judges do not have the authority to drop charges because the victim got bought off. That's crap. If San Francisco had a real district attorney, instead of a pushover defense lawyer in a different colored suit, the dismissal would have been appealed. (Of course, the SF DA just represents the people of the city. Which is why, if you want to commit crime in California, by all means do it in Frisco. You'll get off easiest there.)
 
You really have no ideal of how the legal system works. You also have no respect for the LBGT community or anyone who stands up for equality, because you wrote infantile, senseless remarks stating that people deserve to be attacked, and ridiculed someone who was--you should be ashamed of yourself, though I am sure you are not. It is YOU who are getting people hurt with your insensitive remarks. It is ignorant people like you that perpetrate these types of crimes.

My facts of the case are these: the judge herself and the D.A. prosecuting it and his own attorney made it clear that that this was the best result possible and the best way to hurt them because they would only get a slap on the wrist- NEVER the felony they deserve-just a misdemeanor, which would be expunged in three years! Have you ever tried to prosecute people? They simply are not going to get the penalties they deserve in cases like this--a hate crime in San Francisco, and still they are not punished as severely as they should be.

So--the options were:

1) a misdemeanor (which will be expunged after three years anyway), and a civil suit wherein you never know what a jury is going to deliver. and which never be paid anyway because there would be no insurance coverage and their attorney said they would just hide the money. END RESULT: MISDEMEANOR (expunged after 3 years anyway), no money.

2) Let the son-to-be-expunged misdemeanor go--(yes, it's coercion and manipulation, but that's the system, and a smart bargaining tool to elicit the hardest blow), and actually hurt them more ultimately by hitting them for $250,000; their insurance covers part of it, they pay a substantial amount, and their rates go way up. As well, insist on no nondisclosure agreement so word of this actually amazing blow will be know. Have you heard bigger hits? Kindly tell me a legal case off the top of your head that hit harder--there are sadly very few.
END RESULT: Big financial blow, he gets compensated for the hell he went through fighting for everyone's rights and trying to protect the LGBT community-- which he did strongly and well. He makes a nice donation to the LGBT organization that supported him, has a press conference to publicize that there ARE recourses available, if you understand the realities of the system, and you make them work the best way possible... as he did.

You have no idea really of what it takes to prosecute a case like this, nor what it takes to endure such a situation. the majority of people do nothing--he did A LOT. You really have no idea. So, have some respect and appreciate=ion for those who have stood up. I say, great work, and THANK YOU DANIEL!

By the way, you folks on this site have neither knowledge nor balls. I see you doing nothing other than hiding behind the web as cowards, playing veiled world armchair quarterback... now THAT'S impressive! None of you would have been able to accomplish what Daniel did.
 
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